Eviction papers sense other person on mortgage isn't paying.?

Question

I have a house that we both signed for, i moved out a year ago. The other party said they would pay for it no problems, its 4 months behind and the other person is unwilling to move out, refinace or anything to fix the issue. Im 3 months from foreclosure and i wanted to know if i could serve the other party eviction papers even though hes on the mortgage, sense hes not paying. I could pay all the back payments to make the account in good standings and prove hes not paying. Is this possible

Answer 1

No, you can't, because he is also 1/2 owner on title.  You can't legally evict someone from property that they own.

You need to get a real estate attorney and go to to court to force a sale or allow you to buy them out, minus expenses and what they should have previously paid.

You need to call the mortgage company and explain that you will take care of it and they WILL get paid (and send them the money b/c eventually, you'll have to), keep the receipts and sue the other person to get out of the transaction.

You will need to move quickly.

Answer 2

Not really, since you have shared ownership (unless it's NOT shared).  If both have equal ownership, you have no right to ask him to leave.  You DO have the right to ask that he pay as agreed.  However, if he does not, you will go down the tubes along with him.

Answer 3

Ah, the risks of jointly purchasing a property with a mortgage!

You are in a world of hurt and really need the services of a good real estate attorney.  

Eviction isn't going to be an option but there may be other legal remedies.  Certainly, an agreed settlement could be in both parties' best interests.

If the other party is incooperative, you may be able to buy the property at public auction.  

At the very least you should be in touch with the lender and explain your willingness to cooperate.

Answer 4

When it goes to foreclosure then the bank will eventually notify the Sheriff to evict, so you don't have to.

But if you want to avoid foreclosure and avoid tarnishing your credit, then you need to pay up.

You could probably sue him for his 1/2 of the mortgage payments which he hasn't made... but you're both responsible.